[Seoul Yonhap News]South Korea’s Ministry of National Defense spokesman Jung Ha-gyu said in a regular briefing on the 9th that the military action taken in response to North Korea’s drone intrusion last month was an exercise of the right to self-defense recognized by the United Nations Charter, expressed recognition that it cannot be limited by the Korean War Armistice Agreement.
South Korean forces joint air defense exercise in anticipation of North Korean drone provocation on December 29, 2010 (provided by Joint Chiefs of Staff) = (Yonhap News)
In response to North Korea’s drone intrusion, the South Korean military sent two drones to the North Korean side of the military demarcation line as a countermeasure and two manned reconnaissance aircraft into the no-fly zone agreed in the 2018 inter-Korean military agreement and flew near the border.
“The violation of the military demarcation line by the North Korean drone is a provocative act that clearly violates the Armistice Agreement, the Inter-Korean Basic Agreement and the Inter-Korean Military Agreement,” Chung said. “This is a response that corresponds to North Korea’s military provocation, and it is in terms of the right to self-defense,” she said. Article 51 of the United Nations Charter recognizes the right to individual or collective self-defense in the event of an armed attack against a member state of the United Nations.
On whether or not South Korean military countermeasures violated the armistice agreement will be determined by the results of an investigation by the United Nations Command, he said: “I believe an investigation will be conducted by the United Nations Command , but it is recognized by Article 51 of the United Nations Charter: “The United Nations Charter cannot be limited by the Armistice Agreement because the Armistice Agreement is subordinate to it,” he said.
In November 2000, when North Korea bombed Yeonpyeong Island, the United Nations Command issued a special investigative report stating that the North Korean bombing was an act of hostility and the use of force against South Korea and could not be justified by the right to self-defense. . On the other hand, return fire by the ROK Marine Corps was justifiable to exercise the right of self-defense and did not violate the provisions and spirit of the armistice agreement.
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